Notification of Copyright Infringement

Crowdcast, Inc. (“Crowdcast”) respects the intellectual property rights of others and expects its users to do the same.

Crowdcast has adopted and reasonably implements a policy that provides for the termination, in appropriate circumstances, of users who are repeat copyright infringers. Crowdcast may also remove or disable access to content alleged to infringe another party’s rights while we review a complaint and may take additional action where appropriate under our Terms of Service and Community Guidelines.

In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), Crowdcast will respond expeditiously to claims of copyright infringement reported to Crowdcast’s designated agent identified below. If your concern relates to trademark or another non-copyright intellectual property right, please see the sections below titled Notification of Claimed Trademark Infringement and Notification of Other Intellectual Property (“IP”) Infringement.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under an exclusive right under copyright, and you believe that content on or through Crowdcast’s website, applications, or services (collectively, the “Services”) infringes your copyright, please send a written DMCA notice to Crowdcast’s designated agent with the information below.

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notice, provide a representative list of those works.
2. Identify the material that you claim is infringing, or is the subject of infringing activity, and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including, where applicable, the specific URL or other location on the Services.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include the following statement in the body of the Notice: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement in the body of the Notice: “The information in this Notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. Provide your full legal name and your physical or electronic signature.

Notices that do not substantially comply with the DMCA requirements may be ineffective. If we receive a notice that substantially complies with the identification and contact portions of the DMCA but is otherwise incomplete, Crowdcast may attempt to contact the sender so the notice can be completed.

Deliver this Notice, with all items completed, to Crowdcast’s designated agent:

Copyright Agent
Crowdcast, Inc.
169 Madison Ave STE 2333
New York, NY 10016
Telephone: 888-276-7473
Email: [email protected]

Upon receipt of a facially valid DMCA notice, Crowdcast may remove or disable access to the challenged material, notify the user who posted it, and take any other action Crowdcast deems appropriate, including tracking repeat infringement and restricting or terminating accounts in appropriate circumstances.

Counter-Notification

If you believe that material you posted to the Services was removed or disabled by mistake or misidentification, you may send Crowdcast’s designated agent a written counter-notification that includes the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which Crowdcast may be found, and that you will accept service of process from the person who submitted the original DMCA notice or that person’s agent.

If Crowdcast receives a valid counter-notification, Crowdcast may send a copy to the person who submitted the original notice and inform that person that Crowdcast may restore the removed material or cease disabling access to it in not less than 10, nor more than 14, business days after receipt of the counter-notification, unless Crowdcast first receives notice that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Services.

Misrepresentations

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys’ fees.

Notification of Claimed Trademark Infringement

If you are a trademark owner and you believe your trademark (the “Mark”) is being used on the Services by a user in a way that constitutes trademark infringement, please note that Crowdcast is not in a position to mediate trademark disputes between users and trademark owners. Because of this, we strongly encourage trademark owners to resolve their disputes directly with the user who posted the content in question where appropriate.

If you are unable to resolve your dispute directly, and you believe that the Mark is being used on the Services by a user in a way that constitutes trademark infringement, please provide Crowdcast’s designated agent specified above with the following information:

1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit Crowdcast to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the Mark(s) alleged to have been infringed, including, for registered Marks, a copy of each relevant registration certificate or, for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
4. Information reasonably sufficient to permit Crowdcast to identify the use being challenged.
5. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have not authorized the challenged use, and I have a good faith belief that the challenged use is not authorized by law.”
   • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”

Upon receipt of a notification of claimed trademark infringement as described above, Crowdcast may seek to confirm the existence of the Mark on the Services, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Services.

Notification of Other Intellectual Property (“IP”) Infringement

If you believe that some other IP right of yours is being infringed by a user, please provide Crowdcast’s designated agent specified above with the following information:

1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit Crowdcast to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for Crowdcast to determine without unreasonable effort that the IP has been infringed.
4. Information reasonably sufficient to permit Crowdcast to identify the use being challenged.
5. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have not authorized the challenged use, and I have a good faith belief that the challenged use is not authorized by law.”
   • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Upon receipt of notice as described above, Crowdcast may seek to confirm the existence of the IP on the Services, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Services.